BILL NUMBER: AB 246	CHAPTERED  08/26/99

	CHAPTER   234
	FILED WITH SECRETARY OF STATE   AUGUST 26, 1999
	APPROVED BY GOVERNOR   AUGUST 25, 1999
	PASSED THE SENATE   AUGUST 16, 1999
	PASSED THE ASSEMBLY   JUNE 2, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   MARCH 23, 1999

INTRODUCED BY   Assembly Members Cunneen and Honda
   (Coauthors:  Assembly Members Alquist, Jackson, Lempert,
Longville, Mazzoni, Migden, Steinberg, and Wildman)

                        FEBRUARY 1, 1999

   An act to amend Section 51553 of the Education Code, relating to
instruction.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 246, Cunneen.  Instruction:  sex education.
   Existing law requires that all public elementary, junior high, and
senior high school classes that teach sex education and discuss
sexual intercourse shall emphasize that abstinence from sexual
intercourse is the only protection that is 100% effective against
unwanted teenage pregnancy, sexually transmitted diseases, and
acquired immune deficiency syndrome (AIDS) when transmitted sexually.

   This bill would impose a state-mandated local program by requiring
that factual information presented in the course materials and
instruction be medically accurate, as defined, and free of racial,
ethnic, and gender biases.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 51553 of the Education Code is amended to read:

   51553.  (a) All public elementary, junior high, and senior high
school classes that teach sex education and discuss sexual
intercourse shall emphasize that abstinence from sexual intercourse
is the only protection that is 100 percent effective against unwanted
teenage pregnancy, sexually transmitted diseases, and acquired
immune deficiency syndrome (AIDS) when transmitted sexually.  All
material and instruction in classes that teach sex education and
discuss sexual intercourse shall be age appropriate.
   (b) All sex education courses that discuss sexual intercourse
shall also satisfy the following criteria:
   (1) (A) Factual information presented in course material and
instruction shall be medically accurate and objective.
   (B) For purposes of this section, the following definitions apply:

   (i) "Factual information" includes, but is not limited to,
medical, psychiatric, psychological, empirical, and statistical
statements.
   (ii) "Medically accurate" means verified or supported by research
conducted in compliance with scientific methods and published in
peer-review journals, where appropriate, and recognized as accurate
and objective by professional organizations and agencies with
expertise in the relevant field, such as the Centers for Disease
Control and Prevention.
   (2) Course material and instruction shall stress that abstinence
is the only contraceptive method which is 100 percent effective, and
that all other methods of contraception carry a risk of failure in
preventing unwanted teenage pregnancy.  Statistics based on the
latest medical information shall be provided to pupils citing the
failure and success rates of condoms and other contraceptives in
preventing pregnancy.
   (3) Course material and instruction shall stress that sexually
transmitted diseases are serious possible hazards of sexual
intercourse.  Pupils shall be provided with statistics based on the
latest medical information citing the failure and success rates of
condoms in preventing AIDS and other sexually transmitted diseases.
   (4) Course material and instruction shall include a discussion of
the possible emotional and psychological consequences of
preadolescent and adolescent sexual intercourse outside of marriage
and the consequences of unwanted adolescent pregnancy.
   (5) Course material and instruction shall stress that pupils
should abstain from sexual intercourse until they are ready for
marriage.
   (6) Course material and instruction shall teach honor and respect
for monogamous heterosexual marriage.
   (7) Course material and instruction shall advise pupils of the
laws pertaining to their financial responsibility to children born in
and out of wedlock.
   (8) Course material and instruction shall advise pupils that it is
unlawful for males or females of any age to have sexual relations
with males or females under the age of 18 years to whom they are not
married, pursuant to Section 261.5 of the Penal Code.
   (9) Course material and instruction shall emphasize that the pupil
has the power to control personal behavior.  Pupils shall be
encouraged to base their actions on reasoning, self-discipline, sense
of responsibility, self-control, and ethical considerations, such as
respect for oneself and others.
   (10) Course material and instruction shall teach pupils to not
make unwanted physical and verbal sexual advances, how to say "no" to
unwanted sexual advances, and shall include information about sexual
assault, verbal, physical, and visual, including, but not limited
to, nonconsensual sexual advances, nonconsensual physical sexual
contact, and rape by an acquaintance, commonly referred to as "date
rape."  This course material and instruction shall contain methods of
preventing sexual assault by an acquaintance, including exercising
good judgment and avoiding behavior that impairs good judgment, and
shall also encourage youth to resist negative peer pressure.  This
course material and instruction also shall inform pupils of the
potential legal consequences of sexual assault by an acquaintance.
Specifically, pupils shall be advised that it is unlawful to touch an
intimate part of another person, as specified in subdivision (d) of
Section 243.4 of the Penal Code.
   (11) Course materials and instruction shall be free of racial,
ethnic, and gender biases.
   (c) All sex education courses that discuss sexual intercourse
shall teach pupils that it is wrong to take advantage of, or to
exploit, another person.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
